RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in Crime No.96/2007 of Enathu Police Station, Pathanamthitta District alleging commission of offences under Ss. 55(a) and 58 of Abkari Act. The final report has been filed before the JFCM, Adoor and the same was numbered as C.P.No.140/2018.

(2.) The 2nd respondent, SHO, arraying the petitioner along with the other accused and produced him before the court below and filed a final report against the petitioner. The petitioner was unaware about the case against him. The petitioner never received any summons from the court below and is innocent of the allegations levelled against him. Petitioner now understands that the case has been now converted to L.P.No.2/2021 before the Judicial First Class Magistrate Court, Adoor. The petitioner expresses his willingness to surrender before the court below for facing trial. But apprehends that in the event of his surrender his application for bail will not be considered on the date of surrender which might lead to he being sent to judicial custody. In such circumstances the above Crl.M.C is filed.

(3.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.